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HomeMy WebLinkAboutCross-Reference/First Amendment to Access and Use Declaration - Sophia Square ..REVIEWED BY HAMILTON 4. COUNTY AUDITOR'S OFFICE )wI 2013025914 AMENDMENT $19.00 &(ottlay ofd' 20 ,2 04/ 6/2013 02:24:31P 4 PGS � 1J 0110 Mar L. Clark HAMILTON County Recorder IN Recorded as Presented Cross-Reference Iilllllllillllllllll llllllillillllilllllllllllllllllilllllllllllllllll The Access and Use Declaration amended by this First Amendment to Access and Use Declaration is recorded in the Office of the Hamilton County Recorder as Instrument Number 2009015884. FIRST AMENDMENT TO ACCESS AND USE DECLARATION This First Amendment to Access and Use Declaration (the "Amendment"), executed the 26 day of /t4er(ik ,2013,executed by Carmel Lofts LLC(the"Declarant"),and acknowledged by The City of Carmel Redevelopment Commission ("CRC"), Witnesses: Recitals WHEREAS, Declarant executed that certain Access and Use Declaration recorded in the Recorder's Office as Instrument Number 2009015884 (the "Declaration"); WHEREAS, Declarant seeks to amend the Declaration to: (a) modify the notice period required to change the location of the CRC Spaces; and (b) clarify that the Declaration runs with and binds the Project Site; and WHEREAS, Declarant desires to execute this Amendment; Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, the parties agree as follows: 1. Location of CRC Spaces. Subsection 4(b)of the Declaration hereby is amended and replaced in its entirety by the following: "(b) Location of CRC Spaces. (i) Until such time as Declarant has conveyed the Garage to CRC pursuant to the Garage Installment Contract, Declarant, as the Garage Owner, shall have the right: (A) to determine the initial location of the CRC Spaces; and (B) from time to time and upon delivery of written notice to CRC at least 15 days in advance, to change the location of the CRC Spaces; provided that Declarant, at its cost, shall be obligated to move CRC's existing signage,or install new signage,so that the then current CRC Spaces properly are identified. (ii) after such time as Declarant has conveyed the Garage to CRC pursuant to the Garage Installment Contract,the Major Building Owner shall have the right,from time to time and upon delivery of written notice to CRC at least 15 days in advance, to change the location of the CRC Spaces; provided that the Major Building Owner, at its cost, shall be obligated to move CRC's existing signage, or install new signage, so that the then current CRC Spaces properly are identified. Notwithstanding the foregoing, the CRC Spaces: (a) shall be located in blocks of no fewer than 50 Parking Spaces; and (b) shall not include any Retained Spaces, as all Retained Spaces shall be permanent Building Owner Spaces." • • • 2. Binding Effect. The following language hereby is added to the beginning of Section 10 of the Declaration: "This Declaration, and the benefits thereof, shall: (a) run with the Building and the Garage, as applicable; and (B) inure to the benefit of the applicable Beneficiaries and the Parties in Interest. This Declaration, and the burdens thereof, shall: (a)run with and bind the Building and the Garage, as applicable; and (B) bind the Building Owner,the Garage Owner,and all other Parties in Interest, as applicable. Each Conveyance Instrument shall be deemed to impose,as an encumbrance upon such interest,the burden and restriction of this Declaration regardless of whether the Conveyance Instrument expressly im poses such encumbrance and restriction." 8. Miscellaneous. All capitalized words used in this Amendment and not defined herein shall have the meanings ascribed to such words in the Declaration. In the event of any conflict between the Declaration and this Amendment,the terms and conditions of this Amendment shall control. Except as expressly provided in this Amendment,all of the terms and conditions of the Declaration shall remain in full force and effect. CRC is executing this Amendment for the sole purpose of acknowledging and approving this Amendment. [Signature page to follow.] • • -2- I` IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first set forth above. CARMEL LOFTS LLC By: Keystone Gro. p LLC, Member BY: /IL Lam_ Ersal izdemir, Member Acknowledged and Approved CRC has acknowledged and approved this Amendment as of the date first set forth above. THE CITY OF CARMEL REDEVELOPMENT COMMISSION By: . �/ .��4I 61,041i14 William Ha 'er, -resisen -3- w ACKNOWLEDGMENTS STATE OF INDIANA ) ) SS: COUNTY OF m4C--lb6..) ) Before me, a Notary Public in and for the State of Indiana, personally appeared Ersal Ozdemir, Member of Keystone Group LLC, Member of Carmel Lofts LLC, who acknowledged the execution of the foregoing First Amendment to Access and Use Declaration on behalf of such entity. WiAN60W ke and.Notarial Seal this 15 day of ta P R-0-14 , 2013. NOTARY PUBLIC SEAL By: QD " L pe,2 QD STATE OF INDIANA Notary Public MARION COUNTY PAY COMMISSION EXPIRES: ,�A 20(,L1-- NOVEMBER 8.2016 Printed Name: �N 4 QSp, I \ I am a resident of INN NR1 ON _County, Indiana. My commission expires (1W 8 '44 . STATE OF INDIANA ) ) SS: COUNTY OF 1-1 ,v1 I' .') Before me, a Notary Public in and for the State of Indiana, personally appeared William Hammer,the President of The City of Carmel Redevelopment Commission,who acknowledged the execution of the foregoing First Amendment to Access and Use Declaration on behalf of such entity. t. WITNESS my hand and Notarial Seal this e...-day of_ P4 is C 4 , 2013. ,b J\ A A — A 'w — A.M a_die !Y MATTHEW DANE WORTHLEY P By' ..-------/41 Notary Public -Seal 4 Notary Public State of Indiana If My Commissioh Expires Jan 16,2019. Printed Name: I am a resident of N,M, 14-e"_County, Indiana. My commission expires 1/ 16/ 1 1 . Return following recording to: The City of Carmel Redevelopment Commission 30 West Main Street, Suite 220 Carmel, Indiana 46032. This instrument was prepared by Ryan R.Wilmering,Attorney-At-Law,Wallack Somers&Haas,One Indiana Square, Suite 2300, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Ryan R. Wilmering. -4-